[Code of Federal Regulations]

[Title 40, Volume 21]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR122.44]



[Page 216-223]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 122_EPA ADMINISTERED PERMIT PROGRAMS: THE NATIONAL POLLUTANT 

DISCHARGE ELIMINATION SYSTEM--Table of Contents

 

                       Subpart C_Permit Conditions

 

Sec.  122.44  Establishing limitations, standards, and other permit 

conditions (applicable to State NPDES programs, see Sec.  123.25).



    In addition to the conditions established under Sec.  122.43(a), 

each NPDES permit shall include conditions meeting the following 

requirements when applicable.

    (a)(1) Technology-based effluent limitations and standards based on: 

effluent limitations and standards promulgated under section 301 of the 

CWA, or new source performance standards promulgated under section 306 

of CWA, on case-by-case effluent limitations determined under section 

402(a)(1) of CWA, or a combination of the three, in accordance with 

Sec.  125.3 of this chapter. For new sources or new dischargers, these 

technology based limitations and standards are subject to the provisions 

of Sec.  122.29(d) (protection period).

    (2) Monitoring waivers for certain guideline-listed pollutants. (i) 

The Director may authorize a discharger subject to technology-based 

effluent limitations guidelines and standards in an NPDES permit to 

forego sampling of a pollutant found at 40 CFR Subchapter N of this 

chapter if the discharger has demonstrated through sampling and other 

technical factors that the pollutant is not present in the discharge or 

is present only at background levels from intake water and without any 

increase in the pollutant due to activities of the discharger.

    (ii) This waiver is good only for the term of the permit and is not 

available during the term of the first permit issued to a discharger.



[[Page 217]]



    (iii) Any request for this waiver must be submitted when applying 

for a reissued permit or modification of a reissued permit. The request 

must demonstrate through sampling or other technical information, 

including information generated during an earlier permit term that the 

pollutant is not present in the discharge or is present only at 

background levels from intake water and without any increase in the 

pollutant due to activities of the discharger.

    (iv) Any grant of the monitoring waiver must be included in the 

permit as an express permit condition and the reasons supporting the 

grant must be documented in the permit's fact sheet or statement of 

basis.

    (v) This provision does not supersede certification processes and 

requirements already established in existing effluent limitations 

guidelines and standards.

    (b)(1) Other effluent limitations and standards under sections 301, 

302, 303, 307, 318 and 405 of CWA. If any applicable toxic effluent 

standard or prohibition (including any schedule of compliance specified 

in such effluent standard or prohibition) is promulgated under section 

307(a) of CWA for a toxic pollutant and that standard or prohibition is 

more stringent than any limitation on the pollutant in the permit, the 

Director shall institute proceedings under these regulations to modify 

or revoke and reissue the permit to conform to the toxic effluent 

standard or prohibition. See also Sec.  122.41(a).

    (2) Standards for sewage sludge use or disposal under section 405(d) 

of the CWA unless those standards have been included in a permit issued 

under the appropriate provisions of subtitle C of the Solid Waste 

Disposal Act, Part C of Safe Drinking Water Act, the Marine Protection, 

Research, and Sanctuaries Act of 1972, or the Clean Air Act, or under 

State permit programs approved by the Administrator. When there are no 

applicable standards for sewage sludge use or disposal, the permit may 

include requirements developed on a case-by-case basis to protect public 

health and the environment from any adverse effects which may occur from 

toxic pollutants in sewage sludge. If any applicable standard for sewage 

sludge use or disposal is promulgated under section 405(d) of the CWA 

and that standard is more stringent than any limitation on the pollutant 

or practice in the permit, the Director may initiate proceedings under 

these regulations to modify or revoke and reissue the permit to conform 

to the standard for sewage sludge use or disposal.

    (3) Requirements applicable to cooling water intake structures under 

section 316(b) of the CWA, in accordance with part 125, subparts I and 

J, of this chapter.

    (c) Reopener clause: For any permit issued to a treatment works 

treating domestic sewage (including ``sludge-only facilities''), the 

Director shall include a reopener clause to incorporate any applicable 

standard for sewage sludge use or disposal promulgated under section 

405(d) of the CWA. The Director may promptly modify or revoke and 

reissue any permit containing the reopener clause required by this 

paragraph if the standard for sewage sludge use or disposal is more 

stringent than any requirements for sludge use or disposal in the 

permit, or controls a pollutant or practice not limited in the permit.

    (d) Water quality standards and State requirements: any requirements 

in addition to or more stringent than promulgated effluent limitations 

guidelines or standards under sections 301, 304, 306, 307, 318 and 405 

of CWA necessary to:

    (1) Achieve water quality standards established under section 303 of 

the CWA, including State narrative criteria for water quality.

    (i) Limitations must control all pollutants or pollutant parameters 

(either conventional, nonconventional, or toxic pollutants) which the 

Director determines are or may be discharged at a level which will 

cause, have the reasonable potential to cause, or contribute to an 

excursion above any State water quality standard, including State 

narrative criteria for water quality.

    (ii) When determining whether a discharge causes, has the reasonable 

potential to cause, or contributes to an in-stream excursion above a 

narrative or numeric criteria within a State water quality standard, the 

permitting



[[Page 218]]



authority shall use procedures which account for existing controls on 

point and nonpoint sources of pollution, the variability of the 

pollutant or pollutant parameter in the effluent, the sensitivity of the 

species to toxicity testing (when evaluating whole effluent toxicity), 

and where appropriate, the dilution of the effluent in the receiving 

water.

    (iii) When the permitting authority determines, using the procedures 

in paragraph (d)(1)(ii) of this section, that a discharge causes, has 

the reasonable potential to cause, or contributes to an in-stream 

excursion above the allowable ambient concentration of a State numeric 

criteria within a State water quality standard for an individual 

pollutant, the permit must contain effluent limits for that pollutant.

    (iv) When the permitting authority determines, using the procedures 

in paragraph (d)(1)(ii) of this section, that a discharge causes, has 

the reasonable potential to cause, or contributes to an in-stream 

excursion above the numeric criterion for whole effluent toxicity, the 

permit must contain effluent limits for whole effluent toxicity.

    (v) Except as provided in this subparagraph, when the permitting 

authority determines, using the procedures in paragraph (d)(1)(ii) of 

this section, toxicity testing data, or other information, that a 

discharge causes, has the reasonable potential to cause, or contributes 

to an in-stream excursion above a narrative criterion within an 

applicable State water quality standard, the permit must contain 

effluent limits for whole effluent toxicity. Limits on whole effluent 

toxicity are not necessary where the permitting authority demonstrates 

in the fact sheet or statement of basis of the NPDES permit, using the 

procedures in paragraph (d)(1)(ii) of this section, that chemical-

specific limits for the effluent are sufficient to attain and maintain 

applicable numeric and narrative State water quality standards.

    (vi) Where a State has not established a water quality criterion for 

a specific chemical pollutant that is present in an effluent at a 

concentration that causes, has the reasonable potential to cause, or 

contributes to an excursion above a narrative criterion within an 

applicable State water quality standard, the permitting authority must 

establish effluent limits using one or more of the following options:

    (A) Establish effluent limits using a calculated numeric water 

quality criterion for the pollutant which the permitting authority 

demonstrates will attain and maintain applicable narrative water quality 

criteria and will fully protect the designated use. Such a criterion may 

be derived using a proposed State criterion, or an explicit State policy 

or regulation interpreting its narrative water quality criterion, 

supplemented with other relevant information which may include: EPA's 

Water Quality Standards Handbook, October 1983, risk assessment data, 

exposure data, information about the pollutant from the Food and Drug 

Administration, and current EPA criteria documents; or

    (B) Establish effluent limits on a case-by-case basis, using EPA's 

water quality criteria, published under section 304(a) of the CWA, 

supplemented where necessary by other relevant information; or

    (C) Establish effluent limitations on an indicator parameter for the 

pollutant of concern, provided:

    (1) The permit identifies which pollutants are intended to be 

controlled by the use of the effluent limitation;

    (2) The fact sheet required by Sec.  124.56 sets forth the basis for 

the limit, including a finding that compliance with the effluent limit 

on the indicator parameter will result in controls on the pollutant of 

concern which are sufficient to attain and maintain applicable water 

quality standards;

    (3) The permit requires all effluent and ambient monitoring 

necessary to show that during the term of the permit the limit on the 

indicator parameter continues to attain and maintain applicable water 

quality standards; and

    (4) The permit contains a reopener clause allowing the permitting 

authority to modify or revoke and reissue the permit if the limits on 

the indicator parameter no longer attain and maintain applicable water 

quality standards.



[[Page 219]]



    (vii) When developing water quality-based effluent limits under this 

paragraph the permitting authority shall ensure that:

    (A) The level of water quality to be achieved by limits on point 

sources established under this paragraph is derived from, and complies 

with all applicable water quality standards; and

    (B) Effluent limits developed to protect a narrative water quality 

criterion, a numeric water quality criterion, or both, are consistent 

with the assumptions and requirements of any available wasteload 

allocation for the discharge prepared by the State and approved by EPA 

pursuant to 40 CFR 130.7.

    (2) Attain or maintain a specified water quality through water 

quality related effluent limits established under section 302 of CWA;

    (3) Conform to the conditions to a State certification under section 

401 of the CWA that meets the requirements of Sec.  124.53 when EPA is 

the permitting authority. If a State certification is stayed by a court 

of competent jurisdiction or an appropriate State board or agency, EPA 

shall notify the State that the Agency will deem certification waived 

unless a finally effective State certification is received within sixty 

days from the date of the notice. If the State does not forward a 

finally effective certification within the sixty day period, EPA shall 

include conditions in the permit that may be necessary to meet EPA's 

obligation under section 301(b)(1)(C) of the CWA;

    (4) Conform to applicable water quality requirements under section 

401(a)(2) of CWA when the discharge affects a State other than the 

certifying State;

    (5) Incorporate any more stringent limitations, treatment standards, 

or schedule of compliance requirements established under Federal or 

State law or regulations in accordance with section 301(b)(1)(C) of CWA;

    (6) Ensure consistency with the requirements of a Water Quality 

Management plan approved by EPA under section 208(b) of CWA;

    (7) Incorporate section 403(c) criteria under part 125, subpart M, 

for ocean discharges;

    (8) Incorporate alternative effluent limitations or standards where 

warranted by ``fundamentally different factors,'' under 40 CFR part 125, 

subpart D;

    (9) Incorporate any other appropriate requirements, conditions, or 

limitations (other than effluent limitations) into a new source permit 

to the extent allowed by the National Environmental Policy Act, 42 

U.S.C. 4321 et seq. and section 511 of the CWA, when EPA is the permit 

issuing authority. (See Sec.  122.29(c)).

    (e) Technology-based controls for toxic pollutants. Limitations 

established under paragraphs (a), (b), or (d) of this section, to 

control pollutants meeting the criteria listed in paragraph (e)(1) of 

this section. Limitations will be established in accordance with 

paragraph (e)(2) of this section. An explanation of the development of 

these limitations shall be included in the fact sheet under Sec.  

124.56(b)(1)(i).

    (1) Limitations must control all toxic pollutants which the Director 

determines (based on information reported in a permit application under 

Sec.  122.21(g)(7) or in a notification under Sec.  122.42(a)(1) or on 

other information) are or may be discharged at a level greater than the 

level which can be achieved by the technology-based treatment 

requirements appropriate to the permittee under Sec.  125.3(c) of this 

chapter; or

    (2) The requirement that the limitations control the pollutants 

meeting the criteria of paragraph (e)(1) of this section will be 

satisfied by:

    (i) Limitations on those pollutants; or

    (ii) Limitations on other pollutants which, in the judgment of the 

Director, will provide treatment of the pollutants under paragraph 

(e)(1) of this section to the levels required by Sec.  125.3(c).

    (f) Notification level. A ``notification level'' which exceeds the 

notification level of Sec.  122.42(a)(1)(i), (ii) or (iii), upon a 

petition from the permittee or on the Director's initiative. This new 

notification level may not exceed the level which can be achieved by the 

technology-based treatment requirements appropriate to the permittee 

under Sec.  125.3(c)



[[Page 220]]



    (g) Twenty-four hour reporting. Pollutants for which the permittee 

must report violations of maximum daily discharge limitations under 

Sec.  122.41(1)(6)(ii)(C) (24-hour reporting) shall be listed in the 

permit. This list shall include any toxic pollutant or hazardous 

substance, or any pollutant specifically identified as the method to 

control a toxic pollutant or hazardous substance.

    (h) Durations for permits, as set forth in Sec.  122.46.

    (i) Monitoring requirements. In addition to Sec.  122.48, the 

following monitoring requirements:

    (1) To assure compliance with permit limitations, requirements to 

monitor:

    (i) The mass (or other measurement specified in the permit) for each 

pollutant limited in the permit;

    (ii) The volume of effluent discharged from each outfall;

    (iii) Other measurements as appropriate including pollutants in 

internal waste streams under Sec.  122.45(i); pollutants in intake water 

for net limitations under Sec.  122.45(f); frequency, rate of discharge, 

etc., for noncontinuous discharges under Sec.  122.45(e); pollutants 

subject to notification requirements under Sec.  122.42(a); and 

pollutants in sewage sludge or other monitoring as specified in 40 CFR 

part 503; or as determined to be necessary on a case-by-case basis 

pursuant to section 405(d)(4) of the CWA.

    (iv) According to test procedures approved under 40 CFR part 136 for 

the analyses of pollutants having approved methods under that part, and 

according to a test procedure specified in the permit for pollutants 

with no approved methods.

    (2) Except as provided in paragraphs (i)(4) and (i)(5) of this 

section, requirements to report monitoring results shall be established 

on a case-by-case basis with a frequency dependent on the nature and 

effect of the discharge, but in no case less than once a year. For 

sewage sludge use or disposal practices, requirements to monitor and 

report results shall be established on a case-by-case basis with a 

frequency dependent on the nature and effect of the sewage sludge use or 

disposal practice; minimally this shall be as specified in 40 CFR part 

503 (where applicable), but in no case less than once a year.

    (3) Requirements to report monitoring results for storm water 

discharges associated with industrial activity which are subject to an 

effluent limitation guideline shall be established on a case-by-case 

basis with a frequency dependent on the nature and effect of the 

discharge, but in no case less than once a year.

    (4) Requirements to report monitoring results for storm water 

discharges associated with industrial activity (other than those 

addressed in paragraph (i)(3) of this section) shall be established on a 

case-by-case basis with a frequency dependent on the nature and effect 

of the discharge. At a minimum, a permit for such a discharge must 

require:

    (i) The discharger to conduct an annual inspection of the facility 

site to identify areas contributing to a storm water discharge 

associated with industrial activity and evaluate whether measures to 

reduce pollutant loadings identified in a storm water pollution 

prevention plan are adequate and properly implemented in accordance with 

the terms of the permit or whether additional control measures are 

needed;

    (ii) The discharger to maintain for a period of three years a record 

summarizing the results of the inspection and a certification that the 

facility is in compliance with the plan and the permit, and identifying 

any incidents of non-compliance;

    (iii) Such report and certification be signed in accordance with 

Sec.  122.22; and

    (iv) Permits for storm water discharges associated with industrial 

activity from inactive mining operations may, where annual inspections 

are impracticable, require certification once every three years by a 

Registered Professional Engineer that the facility is in compliance with 

the permit, or alternative requirements.

    (5) Permits which do not require the submittal of monitoring result 

reports at least annually shall require that the permittee report all 

instances of noncompliance not reported under Sec.  122.41(l) (1), (4), 

(5), and (6) at least annually.

    (j) Pretreatment program for POTWs. Requirements for POTWs to:



[[Page 221]]



    (1) Identify, in terms of character and volume of pollutants, any 

Significant Industrial Users discharging into the POTW subject to 

Pretreatment Standards under section 307(b) of CWA and 40 CFR part 403.

    (2)(i) Submit a local program when required by and in accordance 

with 40 CFR part 403 to assure compliance with pretreatment standards to 

the extent applicable under section 307(b). The local program shall be 

incorporated into the permit as described in 40 CFR part 403. The 

program must require all indirect dischargers to the POTW to comply with 

the reporting requirements of 40 CFR part 403.

    (ii) Provide a written technical evaluation of the need to revise 

local limits under 40 CFR 403.5(c)(1), following permit issuance or 

reissuance.

    (3) For POTWs which are ``sludge-only facilities,'' a requirement to 

develop a pretreatment program under 40 CFR part 403 when the Director 

determines that a pretreatment program is necessary to assure compliance 

with Section 405(d) of the CWA.

    (k) Best management practices (BMPs) to control or abate the 

discharge of pollutants when:

    (1) Authorized under section 304(e) of the CWA for the control of 

toxic pollutants and hazardous substances from ancillary industrial 

activities;

    (2) Authorized under section 402(p) of the CWA for the control of 

storm water discharges;

    (3) Numeric effluent limitations are infeasible; or

    (4) The practices are reasonably necessary to achieve effluent 

limitations and standards or to carry out the purposes and intent of the 

CWA.

    Note to paragraph (k)(4): Additional technical information on BMPs 

and the elements of BMPs is contained in the following documents: 

Guidance Manual for Developing Best Management Practices (BMPs), October 

1993, EPA No. 833/B-93-004, NTIS No. PB 94-178324, ERIC No. W498); Storm 

Water Management for Construction Activities: Developing Pollution 

Prevention Plans and Best Management Practices, September 1992, EPA No. 

832/R-92-005, NTIS No. PB 92-235951, ERIC No. N482); Storm Water 

Management for Construction Activities, Developing Pollution Prevention 

Plans and Best Management Practices: Summary Guidance, EPA No. 833/R-92-

001, NTIS No. PB 93-223550; ERIC No. W139; Storm Water Management for 

Industrial Activities, Developing Pollution Prevention Plans and Best 

Management Practices, September 1992; EPA 832/R-92-006, NTIS No. PB 92-

235969, ERIC No. N477; Storm Water Management for Industrial Activities, 

Developing Pollution Prevention Plans and Best Management Practices: 

Summary Guidance, EPA 833/R-92-002, NTIS No. PB 94-133782; ERIC No. 

W492. Copies of those documents (or directions on how to obtain them) 

can be obtained by contacting either the Office of Water Resource Center 

(using the EPA document number as a reference) at (202) 260-7786; or the 

Educational Resources Information Center (ERIC) (using the ERIC number 

as a reference) at (800) 276-0462. Updates of these documents or 

additional BMP documents may also be available. A list of EPA BMP 

guidance documents is available on the OWM Home Page at http://

www.epa.gov/owm. In addition, States may have BMP guidance documents.

    These EPA guidance documents are listed here only for informational 

purposes; they are not binding and EPA does not intend that these 

guidance documents have any mandatory, regulatory effect by virtue of 

their listing in this note.

    (l) Reissued permits. (1) Except as provided in paragraph (l)(2) of 

this section when a permit is renewed or reissued, interim effluent 

limitations, standards or conditions must be at least as stringent as 

the final effluent limitations, standards, or conditions in the previous 

permit (unless the circumstances on which the previous permit was based 

have materially and substantially changed since the time the permit was 

issued and would constitute cause for permit modification or revocation 

and reissuance under Sec.  122.62.)

    (2) In the case of effluent limitations established on the basis of 

Section 402(a)(1)(B) of the CWA, a permit may not be renewed, reissued, 

or modified on the basis of effluent guidelines promulgated under 

section 304(b) subsequent to the original issuance of such permit, to 

contain effluent limitations which are less stringent than the 

comparable effluent limitations in the previous permit.

    (i) Exceptions--A permit with respect to which paragraph (l)(2) of 

this section applies may be renewed, reissued, or modified to contain a 

less stringent effluent limitation applicable to a pollutant, if--



[[Page 222]]



    (A) Material and substantial alterations or additions to the 

permitted facility occurred after permit issuance which justify the 

application of a less stringent effluent limitation;

    (B)(1) Information is available which was not available at the time 

of permit issuance (other than revised regulations, guidance, or test 

methods) and which would have justified the application of a less 

stringent effluent limitation at the time of permit issuance; or

    (2) The Administrator determines that technical mistakes or mistaken 

interpretations of law were made in issuing the permit under section 

402(a)(1)(b);

    (C) A less stringent effluent limitation is necessary because of 

events over which the permittee has no control and for which there is no 

reasonably available remedy;

    (D) The permittee has received a permit modification under section 

301(c), 301(g), 301(h), 301(i), 301(k), 301(n), or 316(a); or

    (E) The permittee has installed the treatment facilities required to 

meet the effluent limitations in the previous permit and has properly 

operated and maintained the facilities but has nevertheless been unable 

to achieve the previous effluent limitations, in which case the 

limitations in the reviewed, reissued, or modified permit may reflect 

the level of pollutant control actually achieved (but shall not be less 

stringent than required by effluent guidelines in effect at the time of 

permit renewal, reissuance, or modification).

    (ii) Limitations. In no event may a permit with respect to which 

paragraph (l)(2) of this section applies be renewed, reissued, or 

modified to contain an effluent limitation which is less stringent than 

required by effluent guidelines in effect at the time the permit is 

renewed, reissued, or modified. In no event may such a permit to 

discharge into waters be renewed, issued, or modified to contain a less 

stringent effluent limitation if the implementation of such limitation 

would result in a violation of a water quality standard under section 

303 applicable to such waters.

    (m) Privately owned treatment works. For a privately owned treatment 

works, any conditions expressly applicable to any user, as a limited co-

permittee, that may be necessary in the permit issued to the treatment 

works to ensure compliance with applicable requirements under this part. 

Alternatively, the Director may issue separate permits to the treatment 

works and to its users, or may require a separate permit application 

from any user. The Director's decision to issue a permit with no 

conditions applicable to any user, to impose conditions on one or more 

users, to issue separate permits, or to require separate applications, 

and the basis for that decision, shall be stated in the fact sheet for 

the draft permit for the treatment works.

    (n) Grants. Any conditions imposed in grants made by the 

Administrator to POTWs under sections 201 and 204 of CWA which are 

reasonably necessary for the achievement of effluent limitations under 

section 301 of CWA.

    (o) Sewage sludge. Requirements under section 405 of CWA governing 

the disposal of sewage sludge from publicly owned treatment works or any 

other treatment works treating domestic sewage for any use for which 

regulations have been established, in accordance with any applicable 

regulations.

    (p) Coast Guard. When a permit is issued to a facility that may 

operate at certain times as a means of transportation over water, a 

condition that the discharge shall comply with any applicable 

regulations promulgated by the Secretary of the department in which the 

Coast Guard is operating, that establish specifications for safe 

transportation, handling, carriage, and storage of pollutants.

    (q) Navigation. Any conditions that the Secretary of the Army 

considers necessary to ensure that navigation and anchorage will not be 

substantially impaired, in accordance with Sec.  124.59 of this chapter.

    (r) Great Lakes. When a permit is issued to a facility that 

discharges into the Great Lakes System (as defined in 40 CFR 132.2), 

conditions promulgated by the State, Tribe, or EPA pursuant to 40 CFR 

part 132.

    (s) Qualifying State, Tribal, or local programs. (1) For storm water 

discharges associated with small construction activity identified in



[[Page 223]]



Sec.  122.26(b)(15), the Director may include permit conditions that 

incorporate qualifying State, Tribal, or local erosion and sediment 

control program requirements by reference. Where a qualifying State, 

Tribal, or local program does not include one or more of the elements in 

this paragraph (s)(1), then the Director must include those elements as 

conditions in the permit. A qualifying State, Tribal, or local erosion 

and sediment control program is one that includes:

    (i) Requirements for construction site operators to implement 

appropriate erosion and sediment control best management practices;

    (ii) Requirements for construction site operators to control waste 

such as discarded building materials, concrete truck washout, chemicals, 

litter, and sanitary waste at the construction site that may cause 

adverse impacts to water quality;

    (iii) Requirements for construction site operators to develop and 

implement a storm water pollution prevention plan. (A storm water 

pollution prevention plan includes site descriptions, descriptions of 

appropriate control measures, copies of approved State, Tribal or local 

requirements, maintenance procedures, inspection procedures, and 

identification of non-storm water discharges); and

    (iv) Requirements to submit a site plan for review that incorporates 

consideration of potential water quality impacts.

    (2) For storm water discharges from construction activity identified 

in Sec.  122.26(b)(14)(x), the Director may include permit conditions 

that incorporate qualifying State, Tribal, or local erosion and sediment 

control program requirements by reference. A qualifying State, Tribal or 

local erosion and sediment control program is one that includes the 

elements listed in paragraph (s)(1) of this section and any additional 

requirements necessary to achieve the applicable technology-based 

standards of ``best available technology'' and ``best conventional 

technology'' based on the best professional judgment of the permit 

writer.



[48 FR 14153, Apr. 1, 1983, as amended at 49 FR 31842, Aug. 8, 1984; 49 

FR 38049, Sept. 26, 1984; 50 FR 6940, Feb. 19, 1985; 50 FR 7912, Feb. 

27, 1985; 54 FR 256, Jan. 4, 1989; 54 FR 18783, May 2, 1989; 54 FR 

23895, June 2, 1989; 57 FR 11413, Apr. 2, 1992; 57 FR 33049, July 24, 

1992; 60 FR 15386, Mar. 23, 1995; 64 FR 42469, Aug. 4, 1999; 64 FR 

68847, Dec. 8, 1999; 65 FR 30908, May 15, 2000; 66 FR 65337, Dec. 18, 

2001; 69 FR 41682, July 9, 2004; 70 FR 60191, Oct. 14, 2005]



    Effective Date Note: At 71 FR 35040, June 16, 2006, Sec.  122.44 is 

amended by revising paragraph (b)(3), effective July 17, 2006. For the 

convenience of the user, the revised text is set forth as follows:



Sec.  122.44  Establishing limitations, standards, and other permit 

          conditions (applicable to State NPDES programs, see Sec.  

          123.25).



                                * * * * *



    (b) * * *

    (3) Requirements applicable to cooling water intake structures under 

section 316(b) of the CWA, in accordance with part 125, subparts I, J, 

and N of this chapter.



                                * * * * *